D.A.V. College Managing Committee and Antoher Vs the Hp Industrial Tribunal-Cum-Labour Court Shimla and Another

2025:HHC:12997

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP Nos. 757 of 2025 a/w CWP Nos. 3522, 3524, 3547 to 3550, 3610, 3612, 3615 to 3618, 4140, 4640 to 4643, 4902 of 2025. Decided on : 05.05.2025

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1. CWP No. 757 of 2025 D.A.V College Managing Committee and another. …Petitioners Versus H.P. Industrial Tribunal-Cum-Labour Court, Shimla and another. …Respondents 2. CWP No. 3522 of 2025 D.A.V College Managing Committee and another. …Petitioners Versus H.P. Industrial Tribunal-Cum-Labour Court, Shimla and another.

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…Respondents 3. CWP No. 3524 of 2025 D.A.V College Managing Committee and another. …Petitioners Versus H.P. Industrial Tribunal-Cum-Labour Court, Shimla and another.

…Respondents

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4. CWP No. 3547 of 2025 D.A.V College Managing Committee and another. …Petitioners Versus H.P. Industrial Tribunal-Cum-Labour Court, Shimla and another. …Respondents 5. CWP No. 3548 of 2025 D.A.V College Managing Committee and another. …Petitioners Versus H.P. Industrial Tribunal-Cum-Labour Court, Shimla and another. …Respondents 6. CWP No. 3549 of 2025 D.A.V College Managing Committee and another. …Petitioners Versus H.P. Industrial Tribunal-Cum-Labour Court, Shimla and another. …Respondents

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2025:HHC:12997

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7. CWP No. 3550 of 2025 D.A.V College Managing Committee and another. …Petitioners Versus H.P. Industrial Tribunal-Cum-Labour Court, Shimla and another. …Respondents 8. CWP No. 3610 of 2025 D.A.V College Managing Committee and another. …Petitioners Versus H.P. Industrial Tribunal-Cum-Labour Court, Shimla and another. …Respondents 9. CWP No. 3612 of 2025 D.A.V College Managing Committee and another. …Petitioners Versus H.P. Industrial Tribunal-Cum-Labour Court, Shimla and another. …Respondents

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10. CWP No. 3615 of 2025 D.A.V College Managing Committee and another.

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…Petitioners

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Versus H.P. Industrial Tribunal-Cum-Labour Court, Shimla and another. …Respondents 11. CWP No. 3616 of 2025 D.A.V College Managing Committee and another. …Petitioners Versus H.P. Industrial Tribunal-Cum-Labour Court, Shimla and another. …Respondents 12. CWP No. 3617 of 2025 D.A.V College Managing Committee and another. …Petitioners Versus H.P. Industrial Tribunal-Cum-Labour Court, Shimla and another.

…Respondents

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13. CWP No. 3618 of 2025 D.A.V College Managing Committee and another.

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…Petitioners

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Versus H.P. Industrial Tribunal-Cum-Labour Court, Shimla and another. …Respondents 14. CWP No. 4140 of 2025 D.A.V College Managing Committee and another. …Petitioners Versus H.P. Industrial Tribunal-Cum-Labour Court, Shimla and another. …Respondents 15. CWP No. 4640 of 2025 D.A.V College Managing Committee and another. …Petitioners Versus H.P. Industrial Tribunal-Cum-Labour Court, Shimla and another.

…Respondents

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16. CWP No. 4641 of 2025 D.A.V College Managing Committee and another.

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…Petitioners

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Versus H.P. Industrial Tribunal-Cum-Labour Court, Shimla and another. …Respondents 17. CWP No. 4642 of 2025 D.A.V College Managing Committee and another. …Petitioners Versus H.P. Industrial Tribunal-Cum-Labour Court, Shimla and another. …Respondents 18. CWP No. 4643 of 2025 D.A.V College Managing Committee and another. …Petitioners Versus H.P. Industrial Tribunal-Cum-Labour Court, Shimla and another.

…Respondents

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19. CWP No. 4902 of 2025 D.A.V College Managing Committee and another.

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…Petitioners

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Versus

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H.P. Industrial Tribunal-Cum-Labour Court, Shimla and another.

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…Respondents

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Coram

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Hon’ble Mr. Justice Ajay Whether approved for re	Mohan Goel, Judge porting?¹
For the petitioners :	Mr. Rajiv Katariya, Advocate (through V.C.), with Mr. Ganesh Barowalia, Advocate, in all petitions.
For the respondents :	M/s Atul Bhardwaj and Rashmi Bhardwaj, Advocates, for respondent No.2, in all petitions.

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Ajay Mohan Goel, Judge (Oral )

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As common issues of law and facts are involved in all these writ petitions, therefore, the same are being disposed of vide a common judgment.

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The petitioners herein in all the writ petitions are aggrieved by the orders that have been been passed by learned Labour Court, Shimla, in applications instituted before it by the respondents-workmen, under Section 10(4) read with

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1 Whether reporters of the local papers may be allowed to see the judgment?

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Section 2-B of the Industrial Disputes Act, 1947, in terms whereof, the applications have been allowed by the learned Labour Court and a direction has been issued not to give effect to the order of dismissal, passed by the petitioner-Company, till the pendency of the main petition, under Section 33-A of the Act.

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When the matter was heard on the previous date, learned counsel appearing for the petitioners had submitted that the orders under challenge were per se not sustainable besides other grounds, also on the ground that in terms of the impugned order, learned Labour Court has gone into the merits of the entire case and though the orders otherwise, were interim orders, but everything stood adjudicated by the learned Labour Court and nothing was left for final adjudication, as far as the applications are concerned.

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In the backdrop of the submissions of learned counsel for the petitioners, this Court had observed that as the orders under challenge were indeed only interim orders, interest of justice would be served in case, these petitions are disposed of/permitted to be withdrawn, with direction to the

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2025:HHC:12997

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learned Labour Court to decide the main applications itself within a time bound period, without being influenced by the observations made in the orders impugned.

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Today, learned counsel for the petitioners submits that the petitioners be allowed to withdraw the petitions and a direction be issued to the learned Labour Court to decide the applications itself, within a reasonable time, in accordance with

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law, on the basis of the pleadings on record, without being influenced by what is contained in the orders under challenge.

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Learned counsel for respondent No.2 submits that he has no objection in case, the same is done.

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Accordingly, these writ petitions are closed as withdrawn, with the direction that the applications preferred by the workmen, in which the interim orders were passed, be decided, in accordance with law, by adhering to the principles of natural justice, by 31.07.2025. It is observed that the applications will be decided by the learned Labour Court, without being influenced by the observations, in the orders under challenge, meaning thereby, that it shall not be influenced by its earlier findings returned while deciding the

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applications. Pending miscellaneous application(s), if any, also

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stand disposed of accordingly.

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(Ajay Mohan Goel) Judge

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May 05, 2025 (Shivank Thakur)

D.A.V. College Managing Committee and Antoher v. the Hp Industrial Tribunal-Cum-Labour Court Shimla and Another

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D.A.V. College Managing Committee and Antoher v. the Hp Industrial Tribunal-Cum-Labour Court Shimla and Another

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